Montana Statutes
§ 27-18-901 — Judgment When Debt Not Yet Due
Montana·Title 27 CIVIL LIABILITY, REMEDIES, AND LIMITATIONS·Ch. 18 PREJUDGMENT ATTACHMENT·Part 9 Judgment and Subsequent Procedure
27-18-901 . Judgment when debt not yet due.
(1)On the trial of any cause brought under the provisions of 27-18-203 , judgment may be rendered on any such debt not due upon satisfactory proof to the court of the facts alleged in the affidavit for attachment, as provided in that section. Any such judgment shall be with a rebatement of the interest from the time said judgment is rendered until the time at which said debt shall have become due.
(2)The defendant may, by plea, put in issue the matter alleged in the affidavit required in 27-18-203 , and if the plaintiff fails to substantiate some one of the causes required to be alleged in said affidavit, the suit for debt or debts not due shall abate.
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Legislative History
En. Sec. 1, p. 141, L. 1899; re-en. Sec. 6658, Rev. C. 1907; amd. Sec. 1, Ch. 14, L. 1911; re-en. Sec. 9258, R.C.M. 1921; re-en. Sec. 9258, R.C.M. 1935; R.C.M. 1947, 93-4303(part).
Nearby Sections
15
§ 27-18-101
Cases In Which Property May Be Attached§ 27-18-102
What Property Subject To Attachment§ 27-18-103
Through 27-18-110 Reserved§ 27-18-112
Attachment Book To Be Kept By County Clerk§ 27-18-1501
Justice's Authority To Issue Writ§ 27-18-1502
Plaintiff's Undertaking§ 27-18-1503
Exception To Sureties -- Justification§ 27-18-1505
Security For Sheriff's Costs§ 27-18-1506
Applicability Of Procedure In District Court§ 27-18-201
Time For Attaching Property§ 27-18-202
Plaintiff's Affidavit§ 27-18-203
Affidavit Requirements When Debt Not Yet Due§ 27-18-204
Plaintiff's Undertaking